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Tattooists participate in a rally calling for an acquittal in a public participation trial regarding whether eyebrow tattooing violates the Medical Service Act, held in September 2024. / Yonhap News

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Reporter Lee Se-mi, Feature News Department

The Ministry of Health and Welfare and the Korea Health Promotion Institute recently drafted and distributed the "Standard Guidelines for Tattoo Procedures." Ahead of the implementation of the Tattooist Act on October 29 next year, these field guidelines outline tattoo establishment facilities and equipment, hygiene and infection control, pre- and post-procedure steps, and side effect responses.

It is clear progress that the government has presented common standards for the first time for tattoo procedures, which had been outside the boundary of the law. The guidelines require dividing spaces into procedure areas and washing/disinfection areas, and mandate the use of disposable items as a rule for tattoo needles and pigment cups. For tattoo dyes as well, only products that have been officially reported for import or item manufacturing may be used.

In particular, it is notable that basic hygiene and safety rules are included in a relatively detailed manner. The government requires operators to check the user's health condition before the procedure, explain the procedure method, side effects, and post-care methods, and obtain written consent. If fainting, difficulty breathing, excessive bleeding, or an allergic reaction occurs during the procedure, the procedure must be stopped immediately and necessary measures taken, including calling emergency services and transferring the user to a medical institution.

The problem is that the qualifications, training, damage compensation, and oversight standards required to actually implement the Tattooist Act have not yet been specified. The guidelines also state that their content may be revised and supplemented in accordance with sub-statutes of the Tattooist Act to be enacted in the future.

First, only the principle that national examinations for acquiring a tattooist license will be conducted annually has been set. It cannot yet be confirmed which subjects will be evaluated, how practical exams will be conducted, or what the passing criteria will be. Although it was also stipulated that hygiene and safety education must be completed every year, details such as training hours, methods, and criteria for designating educational institutions were deferred to enforcement rules.

The process of incorporating existing practitioners into the system also remains a question mark. For two years from the law's implementation date until October 28, 2029, even without a tattooist license, individuals can temporarily register a tattoo business if they meet facility and equipment requirements, complete hygiene education, and undergo health examinations. This is a practical grace period to avoid turning existing tattooists into illegal operators all at once. However, it is unclear how the procedure experience or skill level of existing practitioners will be verified during the temporary registration process.

Another problem is that a blind spot arises because while tattoo procedures by tattooists are permitted, tattoo removal remains prohibited for them. Tattoo removal is a medical act that must be performed by a medical professional after assessing skin condition as well as pigment type and depth. However, advertisements for laser equipment for tattoo removal and operational training aimed at non-medical personnel are still being conducted online and on social media.

As such, the mere fact that the first guidelines have been established does not automatically ensure the safety of tattoo procedures. Licensing exams, education, facility and emergency response, side effect reporting, insurance, and crackdowns on the illegal removal market must all be linked into a single management system. Over the remaining year or so, there appear to be a considerable number of blanks for the government to fill.

                                                                                                              Lee Se-mi